IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130015352
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his full period of service in military occupational specialty (MOS) 11B (Infantryman).
2. The applicant states he was assigned MOS 11B upon graduation and maintained it throughout the remainder of his period of service.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 8 January 2002, completed training, and was awarded MOS 11B.
3. The record contains no indication that he cross trained into any other MOS.
4. The applicant was discharged on 29 October 2004 with 2 years, 9 months, and 22 days of creditable service and no lost time.
5. His DD Form 214, at block 11 (Primary Specialty), shows he served in MOS 11B for only 1 month.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in 11B MOS for his entire period, after completion of training, a period of 2 years and 7 months.
2. The entry of only 1 month is clearly an error that should be corrected to 2 years and 7 months.
BOARD VOTE:
____x___ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting block 11 of his DD Form 214 entry to read 2 years and 7 months.
_______ _ _x______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140004112
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ABCMR Record of Proceedings (cont) AR20140004112
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